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35-686: Indian reserves under the administration of the Kitasoo/Xaixais Nation are: The Kitasoo/Xaixais First Nation is at Stage 4 in the British Columbia Treaty Process . As of March 2024, the Kitasoo/Xaixais First Nation has a registered population of 493 (inclusive of individuals living off reserve). 242 members of the registered population live on-reserve (49.1% of total population) while 245 individuals live off-reserve (49.7%). In

70-584: A colony in 1858, also worked to establish many reserves on the mainland during his tenure, though most of these were overturned by successor colonial governments and later royal commissions once the province joined Confederation in 1871. In 1867, legislative jurisdiction over "Indians and Lands reserved for the Indians" was assigned to the Parliament of Canada through the Constitution Act, 1867 ,

105-659: A major part of Canada's Constitution (originally known as the British North America Act ), which acknowledged that First Nations had special status. Separate powers covered "status and civil rights on the one hand and Indian lands on the other." In 1870, the newly formed Dominion government acquired Rupert's Land , a vast territory in British North America consisting mostly of the Hudson Bay drainage basin that had been controlled by

140-401: A municipal area into existing reserve lands, or from the designation of land in an existing urban territory. Some commercial urban reserves exist as satellites to rural reserves. It has been suggested that the generated revenue will help maintain the economic well-being of the associated rural community. The first such reserve was established in 1981 at Kylemore, Saskatchewan as operated by

175-426: A trust agreement with CMHC, and lenders can receive loans to build or repair houses. In other programs, loans to residents of reserves are guaranteed by the federal government. Provinces and municipalities may expropriate reserve land if specifically authorized by a provincial or federal law. Few reserves have any economic advantages, such as resource revenues. The revenues of those reserves that do are held in trust by

210-845: A very important role in public policy stakeholder consultations, particularly when reserves are located in areas that have valuable natural resources with potential for economic development. Beginning in the 1970s, First Nations gained "recognition of their constitutionally protected rights." First Nations' rights are protected by section 35 of the Constitution Act, 1982 . By 2002, (Valiente) First Nations had already "finalised 14 comprehensive land claims and self-government agreements, with numerous others, primarily in northern Canada and British Columbia, at different stages of negotiations." Land claims and self-government agreements are "modern treaties" and therefore hold constitutional status. The Canadian Environmental Protection Act, 1999 (CEPA), "places aboriginal participation on par with federal ministers and

245-521: A year. These are "public water systems managed by the federal government". There were also 18 communities that had "water issues for between two and 12 months." According to statistics gathered by Health Canada and the First Nations Health Authority , in 2015, there were "162 drinking water advisories in 118 First Nation communities". In October 2015, Neskantaga First Nation reported that its "20-year boil-water advisory"

280-580: Is a stub . You can help Misplaced Pages by expanding it . Indian reserve In Canada, an Indian reserve ( French : réserve indienne ) or First Nations reserve ( French : réserve des premières nations ) is defined by the Indian Act as a "tract of land, the legal title to which is vested in Her Majesty , that has been set apart by Her Majesty for the use and benefit of a band ." Reserves are areas set aside for First Nations , one of

315-483: Is land that the Government of Canada has designated as a First Nations reserve that is situated within an urban area . Such lands allow for aboriginal commercial ventures which enjoy the tax exemptions offered to traditional reserves. They may be located within either a municipality or, in the case of Saskatchewan , a Northern Administration District . An urban reserve may result from either encroachment of

350-742: Is located in the City of Chilliwack and is shared by nine bands. After the Royal Proclamation of 1763 but before Confederation in 1867, the Upper Canada Treaties (1764–1862 Ontario) and the Douglas Treaties (1850–1854 British Columbia) were signed. "Some of these pre-confederation and post-confederation treaties addressed reserve lands, hunting, fishing, trapping rights, annuities and other benefits." Governor James Douglas of British Columbia, which formally became

385-546: The 2016 Canadian Census , the officially-recorded on-reserve population was 290, which represented a 3.6% increase from the 2006 census . 80 people were recorded as aged 0-19, 195 people were aged 20-64, and 25 people were aged 65 or older. This First Nations in Canada –related article is a stub . You can help Misplaced Pages by expanding it . This British Columbia -related article is a stub . You can help Misplaced Pages by expanding it . This Canadian government –related article

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420-744: The Anishinaabe and the Swampy Cree tribes. Treaty 1 First Nations comprise the Brokenhead Ojibway Nation , Fort Alexander ( Sagkeeng First Nation ), Long Plain First Nation , Peguis First Nation , Roseau River Anishinabe First Nation , Sandy Bay First Nation and Swan Lake First Nation . The rights and freedoms of Canada's First Nations people have been governed by the Indian Act since its enactment in 1876 by

455-797: The Beaver Lake Cree Nation with two reserves or the Lenape people (in Canada incorporated as the Munsee-Delaware Nation ), who occupy Munsee-Delaware Nation Indian Reserve No. 1. This consists of three non-contiguous parcels of land totalling 1,054 ha (2,600 acres) within the Chippewas of the Thames First Nation 42 near Muncey, Ontario , which was formerly shared between them and the Chippewas of

490-580: The Driftpile First Nation , which like many bands, has only one reserve, Driftpile River 150 . The Bear River First Nation , who govern Bear River 6 , Bear River 6A and Bear River 6B , are one of many examples where a single government is responsible for more than one reserve. In 2003, 60 percent of status Indians lived on reserves. Of the 637,660 First Nations people who reported being Registered Indians, nearly one-half (49.3%) lived on an Indian reserve. This proportion varies across

525-747: The Fishing Lake First Nation ( Treaty 4 ). Another urban reserve under the Peter Ballantyne Cree Nation ( Treaty 6 ) followed at Prince Albert in 1982. It is argued that the first formal commercial urban reserve was a property of 33 acres (13 ha) established within Saskatoon in 1988 for the Muskeg Lake Cree Nation . By 2004, the reserve's commercial activity grew to provide employment for 350 people under 37 businesses, today known as

560-535: The Frontier Centre for Public Policy concede that urban reserves have benefits, but wish the abolishment of the reserve system and other racially based policies as a whole. Proponents of urban reserves note that these encourage a diverse land base which provides business opportunities for First Nations people. It is also claimed that there are advantages to the surrounding community due to spin-off business activity which contributes favourably to those outside

595-555: The Hudson's Bay Company under its Charter with the British Crown from 1670 to 1870. Numerous aboriginal groups lived in the same territory and disputed the sovereignty of the area. The Dominion of Canada promised Britain to honour the provisions of the Royal Proclamation of 1763 to "negotiate with its Amerindians for the extinguishment of their title and the setting aside of reserves for their exclusive use." This promise led to

630-523: The Kashechewan First Nation reserve's drinking water and chlorine levels had to be increased to 'shock' levels, causing skin problems and eventually resulting in an evacuation of hundreds of people from the reserve and costing approximately $ 16 million." Urban Indian reserve An urban Indian reserve ( French : réserve indienne urbaine ) or urban First Nations reserve ( French : réserve urbaine des premières nations )

665-543: The Minister of Crown–Indigenous Relations the right to "determine whether any purpose for which lands in a reserve are used is for the use and benefit of the band." Title to land within the reserve may be transferred to only the band or to individual band members. Reserve lands may not be seized legally, nor is the personal property of a band or a band member living on a reserve subject to "charge, pledge, mortgage, attachment, levy, seizure distress or execution in favour or at

700-829: The Numbered Treaties . Between 1871 and 1921, through Numbered Treaties with First Nations, the Canadian government gained large areas of land for settlers and for industry in Northwestern Ontario , Northern Canada and in the Prairies . The treaties were also called the Land Cession or Post-Confederation Treaties. Treaty 1 is an agreement established August 3, 1871, between the Crown and various First Nations in southeastern Manitoba , including

735-686: The McKnight Commercial Centre. The Treaty Land Entitlement Framework Agreement (TLEFA) was signed on 9 September 1992 to settle unresolved treaty land claims for 28 First Nation groups in Saskatchewan. Article 9 of this accord provides a mechanism for First Nations groups to contract with municipal governments to allow designation of certain properties as reserves. At least four urban reserves are also established in Manitoba . One of these, situated north of Winnipeg under

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770-482: The Parliament of Canada. The provisions of Section 91(24) of the Constitution Act, 1867 , provided Canada's federal government exclusive authority to legislate in relation to "Indians and Lands Reserved for Indians". Wikwemikong Unceded Reserve on Manitoulin Island is subject to the Indian Act provisions governing reserves even though its lands were never ceded to the Crown by treaty. The Indian Act gives

805-547: The Thames First Nation as a single parcel of land. Some reserves are shared by multiple bands, whether as fishing camps or educational facilities such as Pekw'Xe:yles , a reserve on the Fraser River used by 21 Indian bands that was formerly St. Mary's Indian Residential School and is an example of a reserve created in modern times. Another multi-band reserve of the Sto:lo peoples is Grass Indian Reserve No. 15 , which

840-568: The auspices of the Roseau River Anishinabe First Nation ( Treaty 1 ), includes a gas station and a tobacco retailer with plans to include a medical facility and larger operations such as automobile retail. In 2021 the City of Edmonton 's City Council adopted a motion directing administration to develop an urban reserve strategy. The Urban Reserve Strategy was approved by council on June 28, 2021. It focuses on

875-410: The country. Many reserves have no resident population; typically they are small, remote, non-contiguous pieces of land, a fact which has led many to be abandoned, or used only seasonally (as a trapping territory , for example). Statistics Canada counts only those reserves which are populated (or potentially populated) as "subdivisions" for the purpose of the national census . For the 2011 census, of

910-464: The instance of any person other than an Indian or a band". While the act was intended to protect the Indian holdings, the limitations make it difficult for the reserves and their residents to obtain financing for development and construction, or renovation. To answer this need, Canada Mortgage and Housing Corporation (CMHC) has created an on-reserve housing loan program. Members of bands may enter into

945-754: The major groupings of Indigenous peoples in Canada , after a contract with the Canadian state (" the Crown "), and are not to be confused with Indigenous peoples' claims to ancestral lands under Aboriginal title . A single "band" (First Nations government) may control one reserve or several, while other reserves are shared between multiple bands. In 2003, the Department of Indian and Northern Affairs stated there were 2,300 reserves in Canada, comprising 28,000 km (11,000 sq mi). According to Statistics Canada in 2011, there are more than 600 First Nations/Indian bands in Canada and 3,100 Indian reserves/First Nations reserves across Canada. Examples include

980-489: The minister of Crown–Indigenous Relations and Northern Affairs Canada . Reserve lands and the personal property of bands and resident band members are exempt from all forms of taxation except local taxation. Corporations owned by members of First Nations are not exempt, however. This exemption has allowed band members operating in proprietorships or partnerships to sell heavily taxed goods, such as cigarettes, on their reserves at prices considerably lower than those at stores off

1015-424: The more than 3,100 Indian reserves across Canada, there were only 961 Indian reserves classified as census subdivisions (including the six reserves added for 2011). Some reserves that were originally rural were gradually surrounded by urban development. Montreal, Vancouver and Calgary are examples of cities with urban Indian reserves . One band Chief and Council commonly administer more than one reserve, such as

1050-589: The municipality, and then developing the land into housing, businesses, parks, or whatever the band desires. Critics such as the Canadian Taxpayers Federation are concerned that such reserves are entitled to exemptions from taxation that other businesses in a community do not enjoy. Furthermore, there are complications in disposing of urban reserve lands which require approval of the operating First Nation, and that reserve lands would revert to federal government control. Other critics such as

1085-427: The possibility of First Nations band governments perusing an Addition-to-Reserve/Reserve Creation (ARC/CC) development within the City of Edmonton boundaries, but acknowledges that urban reserves could also be created in other municipalities that border the city. It summarizes the process as the First Nation applying to create a new reserve with the federal government, negotiating a Municipal Services Agreement (MSA) with

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1120-605: The provinces in the National Advisory Committee." Among other things, CEPA clarified the term "aboriginal land" in 3 (1): "The definitions in this subsection apply in this Act. "aboriginal land" means (a) reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and that are subject to the Indian Act ." Under sections 46–50 of the CEPA, Environment and Climate Change Canada 's National Pollutant Release Inventory (NPRI)

1155-591: The reserves. Most reserves are self-governed, within the limits already described, under guidelines established by the Indian Act . Due to treaty settlements, some Indian reserves are now incorporated as villages, such as Gitlaxt'aamiks , British Columbia, which like other Nisga'a reserves was relieved of that status by the Nisga'a Treaty . Similarly, the Indian reserves of the Sechelt Indian Band are now Indian government districts. Indian reserves play

1190-407: Was "the longest running drinking water advisory in Canada." Shoal Lake 40 First Nation was under an 18-year boil water advisory. By 2006, nearly 100 Indian reserves had boil-water advisories and many others had substandard water. Ḵwiḵwa̱sut'inux̱w Ha̱xwa'mis First Nation , on Vancouver Island , had a boil-water advisory beginning in 1997. In October 2005, "high E. coli levels were found in

1225-636: Was initiated. NPRI is the inventory of "pollutants released, disposed of and sent for recycling by facilities across the country". The NPRI is used by First Nation administrations on reserves, along with other research tools, to monitor pollution. For example, NPRI data showed the Aamjiwnaang First Nation in Sarnia, Ontario, was "ground zero for Ontario's heaviest load of air pollution." By December 21, 2017, there were 67 long-term boil-water advisories that had been in effect for longer than

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